· 3/4/1985
Air France v. Saks
Citations
- 470 U.S. 392
- 105 S. Ct. 1338
- 84 L. Ed. 2d 289
- 1985 U.S. LEXIS 62
- 53 U.S.L.W. 4270
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “liability under Article 17 of the Warsaw Convention arises only if a passenger's injury is caused by an unexpected or unusual event or happening that is external to the passenger”
- stating that “in interpreting a treaty it is proper ... to refer to the records of its drafting and negotiation”
- concluding that a passenger's injury was not caused by an “accident” for which the airline could be held accountable under the Warsaw Convention, but expressing no view as to whether he could maintain a state cause of action for negligence
- Holding that French law controls the interpretation of the Warsaw Convention.
- indicating that the plaintiff sought recovery on a state negligence action, independent of her failed Warsaw Convention claim, but declining to address the issue
- explaining that, in an analogous provision of the Warsaw Convention, “accident” refers to the cause, rather than the occurrence of the injury
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Connor, Powell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.